CHAPTER 27: ETHICS CODE
ARTICLE I. GENERAL PROVISIONS
   27.001    Title
   27.002   Findings; purpose; authority
   27.003   Definitions
ARTICLE II. STANDARDS OF CONDUCT
   27.010   Conflicts of interest in general
   27.011   Conflicts of interest in contracts
   27.012   Misuse of confidential information
   27.013   Withdrawal from participation
   27.014   Receipt of gifts
   27.015   Use of city property, equipment and personnel
   27.016   Other restrictions and limitations
ARTICLE III. FINANCIAL DISCLOSURES
   27.020   Who must file
   27.021   When to file statements; amended statements
   27.022   Form; statement of financial interests
   27.023   Control; maintenance of statements of financial interest
   27.024   Contents; financial interest statement
   27.025   Noncompliance with filing requirement
ARTICLE IV. NEPOTISM
   27.030   Nepotism prohibited
ARTICLE V. ENFORCEMENT
   27.040   Board of ethics established
   27.041   Alternate members
   27.042   Facilities; staff
   27.043   Powers; duties of board
   27.044   Filing; investigation of complaints
   27.045   Notice of hearing
   27.046   Hearing procedure
   27.047   Appeals
   27.048   Limitation of actions
   27.049   Reprisals against persons disclosing violations prohibited
   27.050   Advisory opinions
   27.099   Penalties
ARTICLE I. GENERAL PROVISIONS
§ 27.001 TITLE
   This chapter shall be known and may be cited as the "City of Berea Code of Ethics."
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
§ 27.002 FINDINGS; PURPOSE; AUTHORITY
   (A)   Findings. The legislative body of the city finds and declares that:
      (1)   Public office and employment with the city are public trusts.
      (2)   The vitality and stability of the government of this city depends upon the public's confidence in the integrity of its elected and appointed officers and employees. Whenever the public perceives a conflict between the private interests and public duties of a city officer or employee, that confidence is imperiled.
      (3)   The government of this city has a duty to provide its citizens with the standards by which they may determine whether public duties are being faithfully performed, and to make its officers and employees aware of the standards which the citizenry rightfully expects them to comply with while conducting their public duties.
   (B)   Purpose.
      (1)   It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the city shall be clearly established, uniform in their application, and enforceable, and to provide the officers and employees of the city with advice and information concerning potential conflict of interest which might arise in the conduct of their public duties.
      (2)   It is the further purpose of this chapter to meet the requirements of KRS 65.003 as enacted by the 1994 Kentucky General Assembly.
   (C)   Authority. This chapter is enacted under the power vested in the city by KRS 82.082 and pursuant to requirements of KRS 65.003.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
§ 27.003 DEFINITIONS
   As used in this chapter, the following shall have the meaning ascribed to them unless the context clearly requires a different meaning:
   "BUSINESS." Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, professional service corporation, or any legal entity through which business is conducted for profit.
   "BOARD OF ETHICS." The City of Berea Board of Ethics which is created and vested by this chapter with the responsibility of enforcing the requirements of the city's code of ethics.
   "CANDIDATE." Any individual who seeks nomination or election to a city office. An individual is a candidate when the individual files a notification and declaration for nomination for office with the county clerk or secretary of state, or is nominated for office by a political party, or files a declaration of intent to be a write-in candidate with the county clerk or secretary of state.
   "CITY." The City of Berea, Kentucky.
   "CITY AGENCY." Any agency, board, commission, authority, non stock corporation, or other entity, created either individually or jointly, by this city.
   “CONFIDENTIAL INFORMATION.” Information obtained in the course of holding public office or employment, or as a contractor to the city, which is not available to members of the pubiic and which the officer or employee is not authorized to disclose, except to designated individuals or bodies, including written and non-written information. When such information is also available through channels open to the public, officers and employees are not prohibited from disclosing the availability of those channels.
   “CONSULTANT.” An independent contractor or professional person or entity engaged by the city or advising a city officer, and in a position to influence a city decision or action, or have access to confidential information.
   “CUSTOMER OR CLIENT.”
      (A)   Any person or entity to which a person or entity has supplied goods or services during the previous twenty-four (24) months, having a total value greater than one thousand dollars ($1,000.00); or
      (B)   Any person or entity to which an officer or employee’s outside employer or business has supplied goods or services during the previous twenty-four (24) months, but only if the officer or employee knows or has reason to know the outside employer or business supplied the goods and services.
   “DOMESTIC PARTNER.” An adult, unrelated by blood, with whom an unmarried or separated officer or employee has an exclusive committed relationship, maintains a mutual residence, and shares basic living expenses.
   "EMPLOYEE." Any person whether full-time or part-time, and whether paid or unpaid, who is employed by or provides service to the city. The term "employee" shall not include any contractor or subcontractor or any of their employees.
   "FAMILY MEMBER." A spouse, parent, child, brother, sister, nephew, niece, uncle, aunt, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, grandchild, step-mother, step-father, step-sister, or step-brother.
   “FINANCIAL BENEFIT.” Includes any money, service, license, contract, authorization, loan, discount, travel, entertainment, hospitality, gratuity, or any promise of these, or anything else of value. This term does not include campaign contributions authorized or permitted by law.
   “FINANCIAL INTEREST.” A relationship to something such that a direct or indirect financial benefit has been, or will be, or might be, received as a result of it.
   “HOUSEHOLD.” Includes anyone whose primary residence is in the officer or employee’s home, including non-relatives who are not rent payers or servants.
   "IMMEDIATE FAMILY MEMBER." A spouse, an unemancipated child resident in the officer's or employee's household, or a person claimed by the officer or employee, or the officer's or employee's spouse, as a dependant for tax purposes.
   "OFFICER." Any person, whether full-time or part-time, and whether paid or unpaid, who is of the following:
      (A)   The mayor.
      (B)   A city council member.
      (C)   The city clerk.
      (D)   The city administrator.
      (E)   The police chief.
      (F)   The fire chief.
      (G)   Any person who occupies a non-elected office created under KRS 83A.080.
      (H)   A member of the governing body of any city agency who has been appointed to the governing body of the agency by the city; provided, however, not including uncompensated non-elected board and commission members.
   “OFFICIAL ACT.” Any legislative, administrative, appointive, or discretionary act of any public official or employee of the city or any agency, board, committee, or commission thereof.
   “PERSONAL BENEFIT.” Includes benefits other than those that are directly financially advantageous. These include financial benefits to relatives and business associates, as well as non-financial benefits to these people and to oneself, including such things as reputation and the success of one’s career.
   “PERSONAL INTEREST.” A relationship to something such that a personal benefit has been, will be, or might be obtained by certain action or inaction with respect to it.
   “RELATIVE.” A spouse, child, step-child, brother, sister, parent or step-parent, or a person claimed as a dependent on the officer or employee’s latest individual state income tax return.
   “SUBORDINATE.” Another official or employee over whose activities an official or employee has direction, supervision, or control.
   “TRANSACTION.” Any matter, including but not limited to, contracts, work, or business with the city, the sale or purchase of real estate by the city, and any request for zoning amendments, subdivision approval, conditional use approval, variance approval, or special permit approval, pending before the city upon which a public officer or employee performs an official act or action.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
ARTICLE II. STANDARDS OF CONDUCT
§ 27.010 CONFLICTS OF INTEREST IN GENERAL
   Every officer and employee of the city and every city agency shall comply with the following standards of conduct:
   (A)   No officer or employee, or any immediate family member of any officer or employee, shall have an interest in a business or engage in any business, transaction, or activity, which is in substantial conflict with the proper discharge of the officer's or employee's public duties.
   (B)   No officer or employee shall intentionally use or attempt to use his or her official position with the city to secure unwarranted privileges or advantages for himself or herself or others.
   (C)   No officer or employee shall intentionally take or fail to take any discretionary action, or agree to take or fail to take any discretionary action, or influence or attempt to influence any other officer or employee to take or fail to take any discretionary action, on any matter before the city in order to obtain a personal or financial benefit for any of the following:
      (1)   The officer or the employee;
      (2)   A family member;
      (3)   An outside employer;
      (4)   Any business in which the officer or employee, or any family member, has a financial interest, including but not limited to:
         (a)   An outside employer or business of his or hers, or of his or her family member, or someone who works for such outside employer or business;
         (b)   A customer or client, or a substantial debtor or creditor of his or hers, or of his or her family member;
      (5)   Any business with which the officer or employee or any family member is negotiating or seeking prospective employment or other business or professional relationship;
      (6)   Any person or entity from whom the officer or employee has received an election campaign contribution of a total of more than two hundred dollars ($200.00) during the past election cycle, including contributions from a person’s immediate family or business as well as contributions from an entity’s owners, directors, or officers, as well as contributions to the officer or employee’s political committee or non-candidate political committee; or
      (7)   A non-governmental civic group, social, charitable, or religious organization of which he or she (or his or her immediate family member) is an officer or director.
   (D)   No officer or employee shall be deemed in violation of any provision of this section if, by reason of the officer or employee’s participation, vote, decision, action, or inaction, no personal or financial benefit accrues to the officer or employee, a family member, an outside employer, or a business as defined in § 27.003, as a member of any business, occupation, profession, or any other group, to any greater extent than any gain that could reasonably be expected to accrue to any other member of the business, occupation, profession, or other group.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
§ 27.011 CONFLICTS OF INTEREST IN CONTRACTS.
   (A)   Pursuant to KRS 61.252, no officer or employee of the city or any city agency shall directly or through others undertake, execute, hold, or enjoy, in whole or in part, any contract made, entered into, awarded or granted by the city or a city agency, except as follows:
      (1)   The prohibition in subsection (A) of this section shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before an appointed officer was appointed to a city or city agency office, or before an employee was hired by the city or a city agency; provided that any contract entered into by a city or city agency officer or an employee before he or she became a candidate, was appointed to office, or was hired as an employee, which is renewable after he or she becomes a candidate, assumes the appointed office, or is hired as an employee, shall be subject to the prohibition in subsection (A).
      (2)   The prohibition in subsection (A) of this section shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before a appointed officer was appointed to a city or city agency office, or before an employee was hired by the city or a city agency. However, if any contract entered into by a city or city agency officer or employee before he became a candidate, was appointed to office, or was hired as an employee, is renewable after he becomes a candidate, assumes the appointed office, or is hired as an employee, then the prohibition in subsection (A) of this section shall apply to the renewal of the contract.
      (3)   The prohibition in subsection (A) of this section shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract specifications, awarding the contract, or managing contract performance after the contract is awarded. If the officer or employee has any of the authorities set forth in the preceding sentence, then the officer or employee shall have no interest in the contract, unless the requirements set forth in section (4) below are satisfied.
      (4)   The prohibition in subsection (A) of this section shall not apply in any case where the following requirements are satisfied:
         (a)   The specific nature of the contract transaction and the nature of the officer's or employee's interest in the contract are publicly disclosed at a meeting of the governing body of the city or city agency.
         (b)   The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed.
         (c)   A finding is made by the governing body of the city or city agency that the contract with the officer or employee is in the best interests of the public and the city or city agency because of price, limited supply, or other specific reasons, before the contract is executed.
         (d)   The finding is made a part of the official record of the governing body of the city or city agency before the contract is executed.
   (B)   Any violation of this section shall constitute a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section. Additionally, a violation of this section shall be grounds for removal from office or employment with the city in accordance with any applicable provisions of state law and ordinances, rules or regulation of the city.
(Ord. No. 19-94, 12-6-94; Am. Ord. No. 02-20, 2-18-20)
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